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KOSMYNA v. BOTSFORD COMMUNITY HOSP.

Docket No. 212137.

607 N.W.2d 134 (1999)

238 Mich. App. 694

Stephen J. KOSMYNA, Personal Representative of the Estate of Linda Kosmyna, Plaintiff-Appellee/Cross-Appellee, v. BOTSFORD COMMUNITY HOSPITAL, Defendant-Appellant/Cross-Appellee, and Dr. Harris Mainster, Dr. Morris Lieberman, and Internal Medicine Clinic, Defendants/Cross-Appellants, and Dr. Arnold Grant, Defendant.

Court of Appeals of Michigan.

Decided December 3, 1999, at 9:15 a.m.

Released for Publication March 7, 2000.

Attorney(s) appearing for the Case

Fieger, Fieger & Schwartz, P.C. (by Geoffrey N. Fieger and Ven R. Johnson), Southfield, for Steven J. Kosmyna.

Feikens, Stevens, Kennedy, Hurley & Galbraith, P.C. (by Linda M. Galbraith and Barbara Roulo), Detroit, for Botsford Community Hospital.

Sullivan, Ward, Bone, Tyler & Asher, P.C. (by Ronald S. Lederman and Gerard J. Andree), Southfield, for Dr. Morris Lieberman and Internal Medicine Clinic Group, P.C.

O'Connor, DeGrazia & Tamm, P.C. (by Julie McCann O'Connor and Richard M. O'Connor), Bloomfield Hills, for Dr. Harris Mainster.

Before: MARK J. CAVANAGH, P.J., and DOCTOROFF and O'CONNELL, JJ.

O'CONNELL, J.

Defendants appeal by leave granted from the trial court's order denying their motion to compel arbitration in this medical malpractice action. The trial court held that, although the arbitration agreement between defendants and plaintiff's decedent was valid and enforceable, defendants had waived their right to arbitration. We affirm the trial court's result, but for a different reason—we conclude that...

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